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TERMS OF USE

Effective Date: July 16, 2018

Welcome to BeaverTails’ website! (“Site”). This website is operated by BeaverTails Canada Inc. (“we,” “us,” “our,” or “BeaverTails”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”) apply to your use of our website or other services offered at https://beavertails.com or through any mobile application we develop utilizing the tools from the website (collectively, our “System”) No

Your use of our System means that you accept and agree to these Terms of Use.  If you do not agree to these Terms or our Privacy Policy, do not use or access the System.

We may revise and update these Terms of Use in our sole discretion, and will post any updates to the Terms of Use on the Site.  Your continued use of our Site or System, or any other service provided through https://beavertails.com/, and https://beavertails.com/fr/, means that you accept and agree to the modified Terms of Use.

Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site. As a condition of your use of the Site, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System, or interfere with any other party’s use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for or through the System.

All content included as part of the System, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the System, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System. Our content is not for resale. Your use of the System does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by these Terms.

Links to Other Websites and Connecting through Social Media

The System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.

BeaverTails franchises are independently owned and operated by BeaverTails franchisees. Any BeaverTails franchisee website, system, social media page, or marketing campaign is governed by the terms of the franchisee’s Privacy Policy and Terms of Use.

Indemnification

You agree to indemnify, defend, and hold harmless BeaverTails, its officers, directors, franchisees, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the System, any claim, your violation of these Terms, or your violation of any rights of a third party or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Electronic Communications

Visiting the Site, using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us, follow the “unsubscribe” link on the email to change your user preferences.

Warranty and Limitation of Liability

BEAVERTAILS AND/OR ITS AFFILIATES, FRANCHISEES. OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BEAVERTAILS, ITS AFFILIATES, FRANCHISEES, AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEAVERTAILS AND/OR ITS AFFILIATES, FRANCHISEES, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BEAVERTAILS, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/PROVINCES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM.

Governing Law, Venue and Jurisdiction

These Terms shall be treated as though they were executed and performed in Quebec and shall be governed by the laws of the Province of Quebec and the laws of Canada without regard to conflict of law principles. Any claim or dispute related to the System or under these Terms of Use, the Privacy Policy, and any legal notices on this System, must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose), or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the appropriate courts located in the judicial district of Montreal, Quebec.

Miscellaneous Terms

These Terms of Use, together with our Privacy Policy are the entire agreement between you and us related to your use of the System.

Contact Information

To contact us, email us at info@beavertails.com.

PRIVACY POLICY

Effective Date: July 16, 2018

 

This BeaverTails Canada Inc. Privacy Policy explains our practices, defines our users’ (“you” or “your”) privacy options, and describes how your information is collected and used by BeaverTails Canada, Inc. (“we,” “us,” “our,” or “BeaverTails”).

 

By using the BeaverTails website or any of our applications, products, services, features, tools, or resources, you agree to the terms of this Privacy Policy and our Terms of Use.

 

This Privacy Policy, along with our Terms of Use, https://beavertails.com/legal governs your use of the BeaverTails website at https://beavertails.com and https://beavertails.com/fr/ (“Sites”) and any information we may access through social media platforms such as Facebook, Instagram, LinkedIn, Pinterest, or Twitter. For the purposes of this Privacy Policy, we will refer to all of these access points as the BeaverTails system (“System”).

 

We reserve the right to modify this policy from time to time and will mark new versions with a corresponding effective date. We recommend you visit the Site to review any changes in our practices. Your continued use of the System constitutes your agreement to our then-current Privacy Policy.

 

Our System may contain links to other websites. These websites may have privacy policies different than our Privacy Policy. The System may also contain certain social media icons or widgets. Although you can view the material we have linked to, you may have to create an individual account or register to use these third-party social media sites to use interactive features. Any interaction on social media websites is governed by the terms of use and privacy policy of the particular platform.

 

BeaverTails franchises are independently owned and operated by BeaverTails franchisees. Any BeaverTails franchisee website, system, social media page, or marketing campaign is governed by the terms of the franchisee’s Privacy Policy and Terms of Use.

What Information is Collected?

 

We collect several types of information from and about users on our website, including information by which you may be personally identified. We may collect personal information from you on our System, or through any other digital or personal communication between you and the System. Information collected by us provided by you may include information such as your name, email address, phone number, and physical address.

 

 

The information we may collect includes, but may not be limited to:

 

  • Your contact information to register to receive our newsletter and other company related updates, promotions, opportunities, and materials from us, such as your first name, last name, phone number, and email address;
  • For potential franchisees, your contact and financial information, such as your first name, last name, email address, current job title, physical address, general financial information, such as liquidity and assets, and other information relevant to your qualifications for a BeaverTails franchise;
  • For potential franchisees, your preferences for location, type of franchising opportunity, and details regarding your interest in applying for a BeaverTails franchise;
  • Any information you voluntarily provide when sending a message or initiating an inquiry for more information regarding our business;
  • First name, last name, email, subject, and message to participate in our Rebates Fundraiser and BeaverBites Donation programs and World Food Day and Hunger Awareness Week sponsorships;
  • Your contact information and information regarding an event, including location, number of participants, and other event details relevant to booking a BeaverTails truck;
  • Your responses to marketing campaigns and surveys we may send to you; and
  • Your transaction and order history relating to the use of our products and services;

 

The System may also collect general information about your technology interface or preferences (such as the type of browser used or the files requested). Additionally, we may collect information regarding the websites you visit and other information, as described in this Privacy Policy.

 

The information we may collect includes, but may not be limited to:

 

  • Information regarding your browser and other technical specifications required to use our Site;
  • Computer data or files, often called “cookies,” which may be sent by your web browser and stored on an individual computer to allow our server to “recognize” you through the navigation of the Site, and for us to credit your account for various online transactions;
  • Computer data files, often called “web beacons” that are collected from emails or links on third-party sites that allow our server to evaluate the popularity of those links or the information contained in emails or on third-party sites; and
  • Your IP address to measure our website traffic and to help provide a more personalized experience.

 

Cookies and Related Technologies

 

A “cookie” is a small text file that a website saves on your computer or mobile device when you visit the Site and enables the website to recognize you through navigation of the Site. We use cookies and related technologies to collect information and to allow our Site to function properly. We use cookies to allow our server to recognize you through the navigation of the Site, use persistent cookies to provide our advertisers certain information regarding your use of our Site, and use “web beacons” that allow our server to evaluate the popularity of links or the information contained in emails or on third-party sites.

 

By using the Site, you consent to our use of cookies as described herein. You can disable the use of cookies through your browser settings, however, some cookies are essential for the website to function and disabling

those cookies could affect the functionality of the Site. Certain cookie limitations may also disable our ability to provide you with the most relevant products or information regarding the Site.

We may also use third-party vendors, such as Google Analytics, Facebook Connect, BugHerd, and Facebook Custom Audience to advertise to our users online. These third-party vendors may display BeaverTails product advertisements on other websites based on your internet usage. More specifically, these vendors use first-party cookies (such as the Google Analytic cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to the Site or another site affiliated with BeaverTails products or services. You can opt-out of Google Analytics for Display Advertising by using Google’s Ads Settings.

 

Children Under the Age of 16

Our Site and System are not designed for children, and we do not knowingly collect information from any person under the age of 16.

 

How is User Information Used and Shared?  

We collect information about you in order to provide you with services and products, and also to collect information that is necessary for the System to work properly. We use personal information about our users for a variety of purposes related to our business, including but not limited to:

 

  • Allowing you to receive information from us regarding BeaverTails products or services;
  • Tracking information about your visits to our Site or use of the System to allow us to provide better service;
  • Using certain online preferences in the aggregate across all users to evaluate the System and develop additional products and services to offer;
  • Sending or initiating direct marketing programs, such as newsletters or information about new products or services we are offering;
  • Processing your franchise inquiry and contacting you regarding franchise opportunities;
  • For potential franchisees, information may be shared with affiliates and service providers as part of BeaverTails’ consideration of your franchise inquiry or application, including for criminal and other background checks;
  • Sharing information with our franchisees regarding your requests on the Site;
  • Contacting you regarding an inquiry on the System that you have initiated;
  • Using content from social media platforms where you discuss our products or use a hashtag related to our products;
  • Providing information about your usage or preferences to our third-party vendors and providers;
  • For any other purpose with your consent; and
  • Other purposes necessary to carry out our obligations under this Privacy Policy or our Terms of Use.

 

We may share information, in the aggregate, regarding your online browsing preferences to evaluate our products or allow the third parties we work with to better serve our users.

 

We may provide user information to third-party service providers or vendors for purposes of, including without limitation, initiating direct marketing programs on our behalf, data tracking, maintenance or development of our System, development of online products, services, or customer service, or new product development, or other contracted promotional opportunities provided to our users. We will not share your information with third parties to directly market their products to you. We may share personally identifiable information with franchisees or our local business partners with whom we collaborate or work with to provide specific services to you. All financial information submitted in connection with a franchise inquiry will be kept confidential.

 

We may share this information with any subsidiaries, franchisees, licensees, suppliers, distributors, affiliates, assigns, successors, or other related entities and their respective owners. We may also share your personal information in connection with law enforcement requests or in response to investigations, subpoenas, court orders, or other legal process to establish or exercise our legal rights or defend against legal claims, including those of our franchisees, or as otherwise required by law.

 

Business Transfers

We may also disclose your information to a third party as part of reorganization or a sale of the assets of BeaverTails, or its subsidiaries or divisions or the sale or transfer of any franchisee location to a new franchisee.  Any third party to which BeaverTails transfers or sells the System or related assets will have the right to continue to use the personal and other information that you provide to us.

 

How is User Information Protected?

We maintain administrative, physical, and technical safeguards for all user information collected in our System.

 

How Can Users Limit Information Collected?  

By providing information to us or using our System, you are consenting to our use of your data as outlined in this Privacy Policy.

 

While we work hard to use and disclose our users’ personal information only for the purposes identified above, you can choose not to provide personal information or limit the personal information obtained by us as follows:

 

  • You may have your contact information removed from our marketing lists to inform users of new or relevant products, services, and special offers by clicking on the unsubscribe link in any communication received from us, or by emailing us at info@beavertails.com
  • You may limit the collection of “cookies” through your browser settings. However, this may disable our ability to provide you with the most relevant products or information regarding the System; and
  • You may limit the ability of Google Analytics to track your online activity, as outlined in the “Behavioral Advertising” section.

Your California Privacy Rights

California Civil Code § 1798.83 permits users that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at info@beavertails.com

International Data Processing

 

BeaverTails is located in Canada and all data related to the System (as defined below) is collected and processed by BeaverTails in the Canada. If you are not located in Canada, your personal data will therefore be transferred to, processed, and stored in a country (Canada) outside of the country where you live. By submitting your personal information to us, you are consenting to the processing of your personal information in the Canada. To the extent some of our franchisees need to collect and share or permit us to facilitate collection and sharing of personal data to enable our services, it is the responsibility of those franchisees to provide necessary privacy notices and obtain required consents.

 

For European Union data subjects, your personal data may be transferred outside the European Union to Canada to provide you with goods, services, and information you request, with your consent, or in accordance with a legitimate interest of BeaverTails. All personal data will be processed for lawful purposes as described in this Privacy Policy, including necessary for the performance of the contract between you and BeaverTails, necessary to comply with legal requirements, or necessary for the legitimate interests of BeaverTails.

 

If you are not located in Canada, your local privacy laws may give you certain rights to access information held about you and you may have the right to ask us not to process your personal data. If you are a European Data Subject, you may request access, rectification and correction, erasure, and to object to our processing of your information by contacting us at info@beavertails.com. Further, if you are a European Data Subject and we are processing your personal data on the basis of your consent, you may revoke your consent at any time by emailing us at: info@beavertails.com. Such withdrawal does not affect the lawfulness of processing prior to the withdrawal of consent. Further, withdrawal of consent does not affect processing of information based on other lawful bases of processing other than consent.

 

We encourage you to contact us regarding any complaint at info@beavertails.com. European Union data subjects may file a complaint with a data protection authority regarding our processing of your personal data. For more information, please contact your local data protection authority. Contact information of European supervisory authorities is available here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

 

Contacting Us

For additional information pertaining to our Privacy Policy, please contact:

 

BeaverTails Canada Inc.

3700 St. Patrick St., Suite 106

Montreal, Quebec, H4E 1A2

(514) 392-2222

 

BeaverTails USA Inc.

1209 Orange St.

Wilmington, DE 19801

(514) 392-2222

 

info@beavertails.com

BEAVERTAILS and the BeaverTails logo are trademarks owned by BeaverTails Brands Inc., used under license.
Read about our Trademark Use. BeaverTails® is proud to offer Moozoo® products in selected stores.

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